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HomeMy WebLinkAboutMinutes P&Z 051110I CITY OF PALM BEACH GARDENS 2 PLANNING, ZONING AND APPEALS BOARD 3 REGULAR MEETING 4 MAY 11, 2010 6 The regular meeting was called to order at 6:00 p.m. by Chair Craig Kunkle. 7 I. CALL TO ORDER 8 II. PLEDGE OF ALLEGIANCE 9 III. ROLL CALL 10 Members Present: Chair Craig Kunkle, Vice Chair Michael Panczak, Randolph Hansen, Joy 11 Hecht, Barry Present, Joanne Koerner, Roma Josephs (Second Alternate sitting for Amir Kanel). 12 Members Absent: Amir Kanel. 13 Also Present: City Attorney R. Max Lohman; Staff Liaison, Interim Growth Management 14 Administrator Natalie Wong; Senior Planner Richard Marrero, Planner Kathryn Wilson. 15 IV. ADDITIONS. DELETIONS AND MODIFICATIONS 16 None. 17 V. REPORT BY GROWTH MANAGEMENT ADMINISTRATOR: 18 Interim Growth Management Administrator Natalie Wong reported the Community Gardens 19 Ordinance has had some changes made and copies were provided to each board member. 20 Annexation hearing (ANNX- 10 -03- 000004) should have been noted as a quasi-judicial hearing. 21 VI. APPROVAL OF MINUTES 22 Randolph Hansen made a motion to approve the April 13, 2010 minutes. 23 Roma Josephs seconded. 24 Motion passed 7 -0. 25 VII. PUBLIC HEARINGS 26 SITTING AS THE PLANNING, ZONING AND APPEALS BOARD 27 Each Board member declared meeting with staff regarding the agenda. 28 1. Recommendation to City Council (Public Hearing) 29 PCDA -10 -03-000008 /SPLA -10 -02 -000017: Modifications to Parcel 31.04 Development 30 Order Conditions of Approval — A city - initiated request for approval of an amendment to the 31 development order for Parcel 31.04 Planned Community Development (PCD), to add a condition 32 of approval to the overall PCD master plan development order. In addition to the city - initiated 33 request, Michael J. Sanchez, agent for the applicant, requests approval of a modification to the 34 language of Condition No. 25 of Resolution 4, 2007, related to the timing of posting surety for a 35 traffic signal. Parcel 31.04 PCD is approximately 50.58 acres and is located directly east of the 36 intersection of Interstate 95 and Central Boulevard. 37 Randoph Hansen recused himself from this portion of the meeting, stepped away from the dais 38 and signed Form 8B. 39 Presentation bv: Mike Sanchez, Johnston Group Land Development. 40 Chair Kunkle opened the public hearing. 41 Public Comment: Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens. 42 Chair Kunkle closed the public hearing. 43 Vice Chair Panczak made a motion for approval. 44 Barry Present seconded. 45 Motion passed 6 -0. 46 Randolph Hansen returned to the dais. PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 05-11-10 1 2. Recommendation to City Council (Public Hearing) 2 LDRA -10 -03 -000030 — Community Gardens — A City - initiated request to amend the City's 3 Land Development Regulations ( "LDRs ") in order to create a "Community Garden" use and 4 establish regulations and a review process. 5 Presentation by: Senior Planner Richard Marrero 6 Discussion ensued. 7 Chair Kunkle opened the public hearing. 8 Public Comment: None. 9 Chair Kunkle closed the public hearing. 10 Barry Present made a motion to deny approval. 11 Joanne Koerner seconded. 12 Motion passed 7 -0. 13 3. Recommendation to City Council (Pubic Hearing) (Quasi-JudjSkD 14 ANNX- 10 -03- 000004 — Parcel 18.A07 Voluntary Annexation — A request by Jose Martinez, 15 on behalf of 95 Hood LLC., to allow the annexation of Parcel 18.A07, a 12.39 -acre parcel 16 generally located on the northwest corner of Hood Road and the Florida Turnpike. 17 Joanne Koerner recused herself from this portion of the meeting, stepped away from the dais 18 and signed Form 8B. 19 City Attorney Lohman explained one presentation can be presented for ANNX- 10 -03- 000004 20 and CPMA- 10 -03- 000013, but discussion and votes for each item will be separate. 21 The Municipal Services Coordinator swore in all those preparing to testify. 22 Presentation by: Interim Growth Management Administrator Natalie Wong. 23 Chair Kunkle noted receipt of a letter from Palm Beach County Commissioner Karen 24 Marcus requesting the item be postponed to a future agenda. City Attorney Lohman explained 25 the due process requiring the item move forward. 26 Chair Kunkle opened the public hearing. 27 Public Comment: William Raimond, Eastpointe Property Manager, 6880 Palm Court, Palm 28 Beach Gardens; Tim Lyons, 6148 Celadon Circle, Palm Beach Gardens. 29 Chair Kunkle closed the public hearing. 30 Randolph Hansen made a motion for approval. 31 Roma Josephs seconded. 32 Motion passed 6 -0. 33 Randolph Hansen made a motion to adjourn the Planning, Zoning and Appeals Board meeting. 34 Roma Josephs seconded. 35 Motion passed 6 -0. 36 SITTING AS THE LOCAL PLANNING AGENCY 37 Chair Kunkle called the meeting of the Local Planning Agency to order. 38 ROLL CALL: 39 Members Present: Chair Craig Kunkle, Vice Chair Michael Panczak, Randolph Hansen, Joy 40 Hecht, Barry Present, Joanne Koerner, Roma Josephs (Second Alternate sitting for Amir Kanel). 41 Members Absent: Amir Kanel. 42 1. Recommendation to City Council (Public Hearing) 43 CPMA -10 -03 -000013 — Parcel 18.A07 Future Land Use May amendment — A request by 44 Jose Martinez, on behalf of 95 Hood LLC., for a large -scale Comprehensive Plan Future Land 45 Use Map amendment from Palm Beach County Low Residential, (LR -2) to City of Palm Beach PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 05-11-10 I Gardens Residential Low (RL) for Parcel 18.A07, a 12.39 -acre parcel generally located on the 2 northwest corner of Hood Road and the Florida Turnpike. 3 Joanne Koerner remained recused for this portion of the meeting. 4 Presentation by: Jose Martinez, 95 Hood LLC. 5 City Attorney Lohman announced a sign -up sheet was available for those wishing to receive 6 fixrther information on the Comprehensive Plan Amendment. 7 Chair Kunkle opened the public hearing. 8 Public Comment: William Raimond, Eastpointe Property Manager, 6880 Palm Court, Palm 9 Beach Gardens; Tim Lyons, 6148 Celadon Circle, Palm Beach Gardens. 10 Chair Kunkle closed the public hearing. 11 Randolph Hansen made a motion for approval. 12 Roma Josephs seconded. 13 Motion passed 6 -0. 14 Joanne Koerner returned to the dais. 15 2. Recommendation to City Council (Public Hearing) 16 CPMA- 10- 03 -000012(a) - Large Scale Future Land Use May amendment regarding St. 17 Ignatius Church — A City - initiated Large Scale Future Land Use Map Amendment to change 18 the land use designation of a portion of the St. Ignatius Church parcel from Residential Medium 19 (RM) to Residential Low (RL). The 19 acre parcel is located at the southwest corner of Holly 20 Drive and Military Trail. 21 Chair Kunkle left the dais. 22 Presented by: Planner Kathryn Wilson 23 Vice Chair Panczak opened the public hearing. 24 Public Comment: None. 25 Vice Chair Panczak closed the public hearing. 26 Barry Present made a motion for approval. 27 Roma Josephs seconded. 28 Motion passed 6 -0. 29 3. Recommendation to City Council (Public Hearing) 30 CPMA -10 -03 -000012 (b) - Large Scale Future Land Use Map amendment regarding 31 Magnolia Bay Planned Unit Development (PUD) — A City - initiated Large Scale Future Land 32 Use Map amendment to change a portion of the land use designation of Magnolia Bay Planned 33 Unit Development (PUD) from a designation of Residential High (RH) to a designation of 34 Residential Low (RL). The 89.03 acre site is generally bound by Hood Road to the south, 35 Grandiflora Road to the north, Military Trail to the east, and Central Boulevard to the west. The 36 subject petition is necessary to ensure consistency between the land use designation and the 37 existing zoning designation. 38 Planner Kathryn Wilson stated the item had been withdrawn. 39 Chair Kunkle returned to the dais. 40 4. Recommendation to City Council (Public Hearing) 41 CPMA- 10 -03 -000012(c) - Large Scale Future Land Use Map amendment regarding 42 Westwood Gardens/Westwood Lakes Planned Unit Development (PUD) 43 A City - initiated large Scale Future Land Use Map amendment to change the land use designation 44 of Westwood Gardens/Westwood Lakes from Residential Low (RL) to Residential Medium 45 (RM). The 129.35 acre site is located on the south side of Hood Road, between the Florida 46 Turnpike and Central Boulevard. PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 05-11-10 I Presented by: Planner Kathryn Wilson. 2 Chair Kunkle opened the public hearing. 3 Public Comment: None. 4 Chair Kunkle closed the public hearing. 5 Barry Present made a motion for approval. 6 Joanne Koerner seconded. 7 Motion passed 7 -0. 8 5. Recommendation to City Council (Public Hearing) 9 CPMA- 10- 03- 000012(d) - Large Scale Future Land Use May amendment regarding 10 Paloma Planned Unit Development (PUD) — A City - initiated Large Scale Future Land Use 11 Map Amendment to change the land use designation of a portion of the Paloma PUD from 12 Residential High (RH) and Residential Medium (RM) to Residential Low (RL). The 156 acre 13 parcel is generally located south of Hood Road, west of Military Trail, east of Central Boulevard 14 and Interstate 95. 15 Presented by: Planner Kathryn Wilson. 16 Chair Kunkle opened the public hearing. 17 Public Comment: None. 18 Chair Kunkle closed the public hearing. 19 Vice Chair Panczak made a motion for approval. 20 Randolph Hansen seconded. 21 Motion passed 7 -0. 22 6. Recommendation to City Council (Public Hearing) 23 CPMA -10 -03 -000012 (e) - Large Scale Future Land Use May amendment regarding The 24 Oaks Planned Unit Development (PUD) — Two (2) Large Scale Future Land Use Map 25 Amendments to change the land use designations for The Oaks PUD. The first amendment 26 would modify the land use designation for the Sun Terrace community from Residential Low 27 (RL) to Residential High (RH). The second amendment would modify the land use designation 28 for the (RL). The approximately 235 -acre Oaks PUD is generally bound by RCA Boulevard to 29 the north, Catalina Lakes PUD and the Moose Lodge to the west, Gardens Professional Center 30 Condominiums, Oaks Park, and Burns Road to the south, and Courtyard Gardens Centre Office 31 Building, Village Square II Office Building, Club Oasis treatment Facility, Nature's Hideaway 32 and Prosperity Oaks residential communities, and The Oaks Center Office Building to the east. 33 Presented by: Planner Kathryn Wilson. 34 Chair Kunkle opened the public hearing. 35 Public Comment: None. 36 Chair Kunkle closed the public hearing. 37 Randolph Hansen made a motion for approval. 38 Vice Chair Panczak seconded. 39 Motion passed 7 -0. 40 7. Recommendation to City Council (Public Hearing) 41 CPTA -10-03 -000018 - Text Amendments to the Comprehensive Plan, which provides for a 42 comprehensive update to several elements — Text Amendments to the Comprehensive Plan, 43 which provides for a comprehensive update to several elements, including: minor modifications 44 to certain land use designations, and various amendments to provide clarification, updates, and 45 internal consistency. 46 Presented by: Interim Growth Management Administrator Natalie Wong. PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 4 05-11-10 I Chair Kunkle opened the public hearing. 2 Public Comment: None. 3 Chair Kunkle closed the public hearing. 4 Barry Present made a motion for approval. 5 Joy Hecht seconded. 6 Motion passed 7 -0. 7 VIII. OLD BUSINESS 8 Interim Growth Management Administrator Wong reported the first of the gates at 9 Downtown at the Gardens has been installed, Code changes to outdoor seating, temporary 10 signage, special events and signage will be addressed this summer and the Emergency 11 Operations and Communications Center was approved by City Council. 12 IX. NEW BUSINESS 13 None. 14 15 (The remainder of this page intentionally left blank) 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 5 05.11.10 I X. ADJOURNMENT 2 Chair Kunkle adjourned the meeti at 7:10 p.m. 3 The next regular meeting will be ld June 8, 2010. 4 5 APPROVED: 6 (I, , 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Craig Joy Hecht Amir Kanel Joanne Koerner 36- `37 - -- -: g . AT 40 y,, - -1 - _ 42' 4 44-, - 1VI cannon 45 Ma tbipal Services Coordinator 46 47 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the 48 meeting. 49 All referenced attachments are on file in the Office of the City Clerk. 50 Note: All those preparing to give testimony were sworn in. PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 6 05.11.10 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME — IRST NAME — MIDDLE NAME NAMEOF8ONO COIUX, COMMISSICK AUTHOR", OR OOMMITTEE of RlJl:tz U0P I,, N E M A Rt F P z A MAILING ADDRESS /� 101!9G DAP HNi=- AV THEBOI� OOt COni 01�{ AUTHORITY OR COMMITTEE ON V"CH I SERVE IS A UWT OF )itcffy D 00tNTY O OTHER LOCAL AGENCY CITYQ OOUMY NAME OF POF rTICJIF. Sul PAx-I-A (3EAc�1 G(�Rt>EN5 / 1F B to P r� - 1-A BEAT to DATE ON WHICH VOTE OCCURRED MYgPO6iTIONM A 1 2-010 O ELECTIVE APPOINTIVE VMO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to merrrbers of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 1123143, Florida Stah toes_ Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay dose attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE VVITH SECTION 1123143, FLORIDA STATUTES A person holding elective or appontive couaiy, municipal, or olho local public ottiice BUST ABSTAIN from voting on a measure which inures in his or her special private gain or toss Each elected or appointed local athcer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a priridpal (otlh r than a government agency) by whom he or she is retained (inducting the parent organization or subsidiary of a corporate priicipal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business assocrake_ Co m issksmrs of corrsr muy redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax dishiAs elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a'relative' includes orgy the officers father, mother, son. daughter. husband, wife, brother, sister, father-in-law, mother-in-law, son4n4aw, and daughter-in-law. A 'business assocMe means any person or entity engaged in or carrying on a business enterprise with the officer as a partner. joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stactc exchange) w + + • w w + + w • + • + • w w ELECTED OFFICERS: In addition to abstaining from voting it the situations desaloed above, you must disclose the conflict PRIOR TO THE VOTE BEING TAKEN by publicly stating tb the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and fikig 2ft form with the person responsible for recording the min- utes of the meeting, who should kK=pomfe the form m the fig nites. w r + + w • w w w w w : • • • • APPOINTED OFFICERS: Although you must abstain from voting in the sibuatrons described above, you otherwise may participate in these matters. However, you must disclose the nature of the oontiiict before making any attempt to iduen a the decision, whWw orgy or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO fNFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before mating any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who wig incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A-copy of the form -mus t be pnr#ided invneclately b tl m odw naern6ers of the agency. • The form must be read publicly at the next meeing after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vole occurs with the person responsible for recording the minutes of the meeting, who must incorpor4dw1heform Qathe- rn'rmtos: Aeoptrafthefammustbe -Wthe -other members of -the- agency, and the form must be read publicly at the next nwedng alter the form is tied DISCLOSWW OF LOCAL OFFICER'S 114TEREST I, --l"o A ►J N 12- 0 F-2- hereby disclose that on 1"'1 A 1 1 , 20 1 O (a) A measure came or will come before my agency which (check one) inured to my special private gain or low inured to the special gain or loss of my business associate, , inured to the special gain or loss of my relative, ; inured to the special gain or loss of P A V M 3 E A L %1 C o U tJ � � by whom t am retained; or — inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the not" of my conflic" interest in the measure is as follows- 'R e to M M E K) T D G 1 G 0 a t,-' t -1 L.- o N AN EXAT%©IJ orJ pIp- oP,E-�P -T -( TNNT L At-k (Z�--- V1t =WrNG- o10 C-3 I- HALF of PP,LAIA f3E��i4 C-00r,3T`f AS PAR-( OF- My 70(3. MAC( I(,Zoiy Date Filed % ",,A, r-1 -L X4 AJA-) f, Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNiS11, ED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1P2= PAGE 2 - - - - - ___ - - - I - __ - - __ - — __ - - - - - - - — - - - - — - - - N WIN M.- ILA , , = mul - I ism WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other focal level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 1123143, Florida Statutm Your responsibilities under the law when faced with voting on a meagre in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appokdive position. For this reason, please pay dose attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 1 I23143, FLORIDA STATUTES A person holding elective or appointive coolly, =wm ipal, or otter local pudic o6ce .MUST ABSTAIN from voting on a measure which inures to his or her special private gain or toss. Each elected or appointed kxxd officer also is prohibited from lamwingy voting on a mea- sure which inures to the special gain or loss of a principal (other than a goverrowd agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained}; to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commoners of comrn unity redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected an a one- acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a'relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father4n4aw, mother-in-law, sonin -law, and daughter4Maw. A'business associate means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint ventwer, coowner of property. or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you crust disclose the conflict PRIOR TO THE VOTE BEING TAKEN by publicy stating to the assembly the nature of your merest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by cornpfeling and tirng>ttis form with One person responsible for recording the min- utes of the meeting, who should kworporate the form in the tttirwb& APPOINTED OFFICERS: Although you must abstain from voting in the sikistions descnbed above, you olhenrese may participate in these matters. However, you must disclose the nature of the oonW before mating any attempt to sdkrenoe the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO 11iFLUEHCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before malting any attemptto influence the decision) with the person responsible for recording the minutes of the meeting, who wig kmarporaf3e the form in the m1nufes. (Continued on other side) CE FORM 8B - EFF. 112000 PAGE 1 APPOINTED OFFICERS (continued) • A-copyf lheform -mrrat be grew ded kMW& 1eai3 ifr b the other menrli>e S of the agency. • The form must be read publicly at the next meeting after the form is fled_ IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before parliapa*lg. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the farm in the minutes_ A copy of the -form mast be -tw1he -comer members of the agency, and the form must be read publicly at the next rneeft after the farm is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST . hereby die that on 1 ( .20 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, _ inured to the special gain or loss of my relative, inured to the special gain or loss whom I am retained, or — inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting inhwest in the measure is as follows: (>JG OF TH6 T,17 -1 C°U� IS 6414f F of ./V\Y 13UWHSoR GTHER FRTI� lI � Date Filed by which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNIS 4ED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTK)N IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED CE FORM 8B - EFF. U2= PAGE 2